Equal pay and equal treatment at work (Article 157 of the Treaty on the Functioning of the European Union (TFEU) and Recast Directive 2006/54)

• Author: Natalie Videbaek Munkholm
• Pages: 22-27

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4 Equal pay and equal treatment at work (Article 157 of the Treaty on the

Functioning of the European Union (TFEU) and Recast D irective 2006/54)

4.1 General (legal) context

4.1.1 Surveys on the gender pay gap and the difficulties of realising equal pay

The Danish Centre for Social Science Research (2018) Report on the difference in pay for

men and women 2012-2016.30

According to the report there has b een an improvement in the gross salary gap between

men and women since 20 07. The report concludes that women’s educat ional attainment

is one reason for this improvement . Moreover, an increase in the number of women in

management positions adds positively to the decrease in the gross wage difference

between men and women.

With regard to the gender pay gap, Denmark was the subject of the first empirical study

on the impact of mandatory wage transparency . The study suggests that wage

transparency with a view to disclose g ender disparities in pay can have some effect in

narrowing the gender wage gap at company level.31

4.1.2 Surveys on the difficulties of realising equal treatment at wo rk

Danish Institute of Human Rights (2016), Status report on gender 2015 /2016.32

This report gives an overview of gender equality in Denmark in general. In particul ar, the

high level of participation of women in the labour market is mentioned as positive. At the

same time the gender-segregated education system as well as gender segregation in the

labour market are highlighted as areas of concern.

KVINFO (Danish centre for study of and work with issues relating to gender, equality an d

diversity) (2018) ‘Study on paternity leave in Denmark’.33

This information site provides information on paternity leave in general. In Denmark, most

women take a leave of absence when caring for smaller children, which has consequences

for the equality of men and women.

4.1.3 Other issues

There are no further issues.

4.1.4 Political and societal debate and pending legislative proposals

There are no political and/or societal debates and no pending legislative proposal s.

30 https://www.vive.dk/da/udgivelser/forskelle-mellem-kvinders-og-maends-timeloen-6990/.

31 Bennedsen, Morten and Simintzi, Elena and Tsoutsoura, Margarita and Wolfenzon, Daniel, Do Firms

Respond to Gender Pay Gap Transparency? (January 2019). NBER Working Paper no w25435. Available at

SSRN: https://ssrn.com/abstract=3315240. The report is mentioned on page 34 of the recent evaluation

by the European Commission of the relevant provisions in the Directive 2006/54/EC implementing the

Treaty principle on ‘equal pay for equal work or work of equal value’ (SWD(2020) 50 final).

32 https://menneskeret.dk/sites/menneskeret.dk/files/media/dokumenter/udgivelser/status/2015-

16/delrapporter_med_issn/status_2015-16_delrapport_om_koen_-_issn.pdf.

33 https://kvinfo.dk/viden-om-faedres-barsel/.